Articles by Eleanor Stratton
Browse articles in Articles by Eleanor Stratton on U.S. Constitution

Ineffective Assistance of Counsel Explained
The Sixth Amendment guarantees the “Assistance of Counsel” for the accused in criminal prosecutions. Most people hear that and picture a simple promise: if the state is trying to take your liberty, you get a lawyer. But the real promise is sharper than that. A lawyer who shows up and does...
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Criminal Discovery in Federal Cases Explained
In a federal criminal case, “discovery” sounds like it should mean the same thing it means in civil court: broad, document-heavy exchange where each side can demand information from the other and take depositions to lock in testimony. That is not how criminal discovery works. Federal criminal...
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Shaw v. Reno Explained
Most redistricting controversies feel like inside baseball until you see the shape of a district that looks like it was poured through a crack in the map. That was the visual spark behind Shaw v. Reno (1993). The case did not say legislatures must ignore race. It said something narrower and more...
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McCulloch v. Maryland Explained
There are Supreme Court decisions that resolve a dispute. And then there are decisions that shape what kind of country the United States can become under the Constitution. McCulloch v. Maryland (1819) is the second kind. On the surface, it was a fight over a bank and a state tax. Underneath, it was...
Read more →Top-Four Primaries and Ranked General Elections
Most Americans grow up with a simple civics story about elections: each party holds its own primary, each party picks a nominee, and the general election is a head-to-head contest between Democrats and Republicans. Alaska’s “top-four primary and ranked general” model departs from that script...
Read more →Approval Voting Explained
Many U.S. single-winner elections ask you to do something oddly narrow: pick exactly one name, even if you would be perfectly fine with two or three. That design choice is not a law of nature. It is a rule, and like any rule, it shapes behavior. Approval voting rewrites that rule in the simplest...
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Good Faith Exception and Fruit of the Poisonous Tree
The exclusionary rule sounds simple: if the police break the Fourth Amendment, the evidence gets thrown out. As a baseline in criminal cases, that is often the idea. In practice, it is much messier. Courts have built in pressure-release valves. Some evidence stays in even if the search was...
Read more →Collateral Consequences of a Criminal Conviction
Most people think a criminal sentence ends when the jail door opens, probation ends, or the fine gets paid. But a conviction can keep punishing you long after the judge is done. Lawyers and policymakers often call these collateral consequences (sometimes collateral sanctions or discretionary...
Read more →Federal Proffers and Cooperation Agreements
Federal cooperation deals have a reputation: a quiet conference room, a stack of exhibits, and a person trying to talk their way out of the worst day of their life. What actually happens is less cinematic and more contractual. “Cooperating” in a federal case usually means the government wants...
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Guilty, Not Guilty, Nolo Contendere, and Alford Pleas Explained
At an arraignment, the judge confirms what you are accused of, makes sure you understand key rights, and asks a deceptively simple question: How do you plead? Those words are a switch. A not guilty plea keeps the government in proof mode. A guilty plea moves the case into sentencing mode. And two...
Read more →Consular Processing Explained
Consular processing is the immigrant visa pathway most people use when they are outside the United States and want to enter as lawful permanent residents. It is not a single form. It is a sequence of handoffs between agencies, deadlines that matter, and one high-stakes moment when a consular...
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Denaturalization Explained: How U.S. Citizenship Can Be Revoked
Most Americans treat citizenship as a one-way door. You are in, forever. For people born in the United States, that is close to true. For people who become citizens through naturalization , there is a narrow, high-stakes exception: denaturalization , the legal process of taking citizenship back....
Read more →Allen v. Milligan Explained
People talk about redistricting as if it were a political sport. A new census drops, lines move, and the party in charge tries to lock in power for a decade. Allen v. Milligan (2023) is what happens when that game runs into a federal statute that still has sharp edges. The case did not ask whether...
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VRA Section 2 and Vote Dilution, Explained
Most voting rights debates get framed as a question of access. Can you register? Can you cast a ballot? Can you stay in line long enough? Section 2 of the Voting Rights Act often asks a different, quieter question: even if everyone can vote, does the election system make some voters’ ballots less...
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Brnovich v. DNC Explained
Most Americans assume the Voting Rights Act is a broad, sturdy shield: if a voting rule makes it harder to vote, especially for minority voters, federal law will step in. Brnovich v. Democratic National Committee (2021) did not erase that shield. But it did narrow the doorway for one major kind of...
Read more →New U.S. Immigration Rules Explained
Immigration policy in the United States can feel like it changes overnight. One week it is a new “rule.” The next it is a new “guidance.” Then a court blocks something, a new administration reverses it, and everyone asks the same question: did the law actually change? Sometimes it did....
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Swatting at Justice Barrett’s Home and the Court’s Security Problem
On Wednesday night, police in Fairfax County, Virginia, were dispatched to the residence of Justice Amy Coney Barrett after a caller reported an emergency. It was a swatting call, a false report designed to trigger a law enforcement response where none is needed. A Fairfax County Police Department...
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Can a City Compel Counselors to Counsel Same-Sex Married Couples?
There is a version of this question that sounds simple. If you open a business to the public, you serve the public. End of story. And then there is the constitutional version, where “service” is not just selling a product but speaking, listening, advising, affirming, challenging, and guiding....
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South Carolina Senate Refuses to Redraw Maps Mid-Election
Editor’s note: This article is a forward-looking analysis set in the 2026 election cycle. Dates, figures, and quotations are presented within that hypothetical setting. South Carolina lawmakers came to Columbia with a clear mission: redraw the state’s congressional map in time for the 2026...
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What Are US Midterm Elections?
Midterm elections are the federal election cycle held two years into a president’s four-year term. They are not a “midterm test” in any legal sense, but politically they often function like one because voters decide whether the president’s party will keep or lose power in Congress. Here is...
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